Scholars who compare common law and civil law countries have long argued that civil law legal systems such as Germany do not employ formal rules of evidence comparable to those which govern American courtrooms. Civil law systems that commit fact-finding to mixed panels of lay and professional judges are said to have less need for formal rules of evidence that withhold information from decision makers. This article challenges this widely held view. Scholars have failed to recognize that evidentiary rules can (...) restrict not only the presentation of evidence at trial but also the manner of its acquisition during the pre-trial investigation. For this reason, existing scholarship overlooks a rich source of evidentiary norms in the criminal process of civil law countries such as Germany. I argue that German regulation of police interrogation—particularly its prohibition of deceptive stratagems—plays an important role in shaping the factual record on which the legal system assesses guilt or innocence. The article identifies a number of institutional factors on which this system of pre-trial evidentiary regulation depends. (shrink)

In this volume, leading philosophers of psychiatry examine psychiatric classification systems, including the Diagnostic and Statistical Manual of Mental Disorders, asking whether current systems are sufficient for effective diagnosis, treatment, and research. Doing so, they take up the question of whether mental disorders are natural kinds, grounded in something in the outside world. Psychiatric categories based on natural kinds should group phenomena in such a way that they are subject to the same type of causal explanations and respond similarly to (...) the same type of causal interventions. When these categories do not evince such groupings, there is reason to revise existing classifications. The contributors all question current psychiatric classifications systems and the assumptions on which they are based. They differ, however, as to why and to what extent the categories are inadequate and how to address the problem. Topics discussed include taxometric methods for identifying natural kinds, the error and bias inherent in DSM categories, and the complexities involved in classifying such specific mental disorders as "oppositional defiance disorder" and pathological gambling. -/- Contributors George Graham, Nick Haslam, Allan Horwitz, Harold Kincaid, Dominic Murphy, Jeffrey Poland, Nancy Nyquist Potter, Don Ross, Dan Stein, Jacqueline Sullivan, Serife Tekin, Peter Zachar. (shrink)

The article entitled “Perfect Memories in Jacqueline Woodson’s Another Brooklyn” explores the fallibility of memory as presented in Another Brooklyn, a novel by an African American author Jacqueline Woodson. The text presents the idea that personal memories change due to the passage of time along with the new experiences of an individual, and relates it to the studied novel. Special attention is given to different dimensions of grief and loss presented in the analyzed story. The mourning after the (...) loss of loved ones is explored through the use of concepts such as Elizabeth Kübler-Ross’ five stages of grief, the selective amnesia and the idea of continuing bonds. The process of growing up is also briefly considered as a mourning process over losing the innocence and safety provided by childhood. Further, the article presents the hardships of growing up without a mother in an unsafe neighbourhood, the loss of vital friendships and the search of a better life - all introduced through the recollections which occurred after a significant passage of time and the accumulation of experiences which lend themselves to the change of the mindset of the main character. (shrink)

I argue that the truthmaker theorist should be a priority monist if she wants to avoid commitment to mysterious necessary connections. In section 1 I briefly discuss the ontological options available to the truthmaker theorist. In section 2 I develop the argument against truthmaker theory from the Humean denial of necessary connections. In section 3 I offer an account of when necessary connections are objectionable. In section 4 I use this criterion to narrow down the options from section 1. In (...) section 5 I argue that the account leads us to priority monism. (shrink)

Together, these entail that for every true proposition p, there exists some thing which could not exist and p be false.

Ross Poole displays the social content of the various conceptions of morality at work in contemporary society, and casts a strikingly fresh light on such fundamental problems as the place of reason in ethics, moral objectivity and the distinction between duty and virtue. The book provides a critical account of the moral theories of a number of major philosophers, including Kant, Marx, Nietzsche, Habermas, Rawls, Gewirth and MacIntyre. It also presents a systematic critique of three of the most significant (...) responses to modernity: liberalism, nationalism and nihilism. It takes seriously the suggestion that men and women are subject to different conceptions of morality, and places the issue of gender at the centre of moral philosophy. Poole has written a valuable addition to the Ideas series. (shrink)

In this paper I examine two principles of orthodox truthmaker theory: truthmaker maximalism - the doctrine that every (contingent) truth has a truthmaker, and truthmaker necessitarianism - the doctrine that the existence of a truthmaker necessitates the truth of any proposition which it in fact makes true. I argue that maximalism should be rejected and that once it is we only have reason to hold a restricted form of necessitarianism.

Orthodoxy says that the thesis that composition is identity (CAI) entails universalism: the claim that any collection of entities has a sum. If this is true it counts in favour of CAI, since a thesis about the nature of composition that settles the otherwise intractable special composition question (SCQ) is desirable. But I argue that it is false: CAI is compatible with the many forms of restricted composition, and SCQ is no easier to answer given CAI than otherwise. Furthermore, in (...) seeing why this is the case we reveal an objection to CAI: that it allows for the facts concerning what there is to be settled whilst leaving open the question about what is identical to what. (shrink)

Consider two of my properties: my mass and my weight. There seems to be an interesting distinction between the reasons for my having these two properties. I have my mass solely in virtue of how I am, whereas I have my weight in virtue of both how I am and how my surroundings are. I have my weight as a result of the gravitational pull exerted by the Earth on a thing having my mass, whereas I have my mass independently (...) of other things around me. If you change my surroundings, if you put me on the moon say, my weight will change, but my mass will stay the same. (shrink)

In this paper I argue that warrant for Lewis’ Modal Realism is unobtainable. I consider two familiar objections to Lewisian realism – the modal irrelevance objection and the epistemological objection – and argue that Lewis’ response to each is unsatisfactory because they presuppose claims that only the Lewisian realist will accept. Since, I argue, warrant for Lewisian realism can only be obtained if we have a response to each objection that does not presuppose the truth of Lewisian realism, this circularity (...) is vicious. I end by contrasting Lewis’ methodology with Forrest’s in order to illustrate a rival method that does not fall victim to the objection I lay against Lewis. (shrink)

As reproductive genetic technologies advance, families have more options to choose what sort of child they want to have. Using preimplantation genetic diagnosis (PGD), for example, allows parents to evaluate several existing embryos before selecting which to implant via in vitro fertilization (IVF). One of the traits PGD can identify is genetic deafness, and hearing embryos are now preferentially selected around the globe using this method. Importantly, some Deaf families desire a deaf child, and PGD–IVF is also an option for (...) them. Selection for genetic deafness, however, encounters widespread disapproval in the hearing community, including mainstream philosophy and bioethics. In this paper I apply Elizabeth Barnes’ value-neutral model of disability as mere-difference to the case of selecting for deafness. I draw on evidence from Deaf Studies and Disability Studies to build an understanding of deafness, the Deaf community, and the circumstances relevant to reproductive choices that may obtain for some Deaf families. Selection for deafness, with deafness understood as mere-difference and valued for its cultural identity, need not necessitate impermissible moral harms. I thus advocate that it is sometimes morally permissible to select for deafness in one’s child. (shrink)

Simon Blackburn posed a dilemma for any realist attempt to identify the source of necessity. Either the facts appealed to to ground modal truth are themselves necessary, or they are contingent. If necessary, we begin the process towards regress; but if contingent, we undermine the necessity whose source we wanted to explain. Bob Hale attempts to blunt both horns of this dilemma. In this paper I examine their respective positions and attempt to clear up some confusions on either side. I (...) come to defend Hale’s conclusion that both horns of the dilemma can be resisted. I end by defending my own account of the source of necessity, and showing why it does not fall victim to Blackburn’s problem. (shrink)

Abstract:This study tests the usefulness of a person-situation interactionist framework in examining the willingness of a salesperson to lie to get an order. Using a survey of 389 salespersons, our results demonstrate that organizational relationships influence willingness to lie. Specifically, salespersons are less willing to lie to their own company than to their customer, than to a channel partner, and finally, than to a competitor firm. Furthermore, respondents from firms with a clear and positive ethical climate are less willing to (...) lie. Finally, our study finds that interactions between personality factors, such as high Machiavellianism and high self-monitoring, and situational factors have an impact on willingness to lie. Our results suggest that firms can take steps to influence employee ethical behavior. (shrink)

In “Emergent Ghosts of the Emotion Machine,” James Coan neglects emotion displays involved in social communication and activity in central neurochemical systems associated with drug-induced changes in feelings and desires. Also, he fails to recognize that emotions are not rigidly bound to action tendencies, but rather have evolved internal signals to afford flexibility of response. Emotion indices naturally lack close coordination because different aspects—physiological arousal, expressive display, subjective experience—are differentially accessible to the responder and interaction partner, and therefore undergo different (...) social learning histories. Emotions are entities both at the biological level, involving special-purpose primes, and at the ecological level, involving displays reflecting communicative demands characteristic of a species. Language, not emotion, is the ghost in the machine. (shrink)

The issue of benefits in international clinical research is highly controversial. Against the background of wide recognition of the need to share benefits of research, the nature of benefits remains strongly contested. Little is known about the perspectives of research populations on this issue and the extent to which research ethics discourses and guidelines are salient to the expectations and aspirations existing on the ground. This exploratory study contributes to filling this void by examining perspectives of people in low-income South (...) African communities on benefits in international clinical research. Twenty-four individuals with and without experience of being involved in clinical research participated in in-depth interviews. Respondents felt that ancillary care should be provided to clinical research participants, while a clinical study conducted in particular community should bring better health to its members through post-trial benefits. Respondents' perspectives were grounded in the perception that the ultimate goal of international clinical research is to improve local health. We argue that perspectives and understandings of the respondents are shaped by local moral traditions rather than clinical research specificities and require attention as valid moral claims. It is necessary to acknowledge such claims and cultural worlds from which they emerge, thus building the foundation for equal and embracing dialogue to bridge different perspectives and handle contradicting expectations. (shrink)

Democracy surrounds us like the air we breath, and is normally taken very much for granted. Across the world democracy has become accepted as an unquestionably good thing. Yet upon further examination the merits of democracy are both paradoxical and problematic, and the treasured values of liberty and equality can be used to argue both for and against it. In the historical section of the book, Ross Harrison clearly traces the history of democracy by examining the works of, amongst (...) others, Plato and Aristotle, Hegel and Marx. Informed by facts and detailed knowledge of these famous thinkers, Harrison provides a clear and cogent justification of democracy. (shrink)

Some scholars have identified a puzzle in the writings of Mary Astell (1666–1731), a deeply religious feminist thinker of the early modern period. On the one hand, Astell strongly urges her fellow women to preserve their independence of judgement from men; yet, on the other, she insists upon those same women maintaining a submissive deference to the Anglican church. These two positions appear to be incompatible. In this paper, I propose a historical-contextualist solution to the puzzle: I argue that the (...) seeming inconsistency can be dispelled through a close examination of (i) the concepts of selfhood and self-government in Anglican women’s devotional texts of the period, and of (ii) the role that these concepts play in Astell’s feminist arguments. (shrink)

In this paper I examine whether the Humean denial of necessary connections between wholly distinct contingent existents poses problems for a theory of tropes. In section one I consider the substance-attribute theory of tropes. I distinguish first between three versions of the non-transferability of a trope from the substratum in which it inheres and then between two versions of the denial of necessary connections. I show that the most plausible combination of these views is consistent. In section two I consider (...) an objection to the bundle theory using the Humean doctrine that is advanced by Armstrong, and argue that it is unconvincing. In section three I return to the version of non-transferability that would cause obvious trouble for a substance-attribute theory, and less obvious trouble for a bundle theory. I argue that there is independent reason to reject this principle since, given a perdurantist metaphysic, it does not in fact secure what appeared to be its only benefit: namely that it allows tropes to act as truthmakers. I conclude that there is no objection to trope theory per se on the grounds that it brings commitment to necessary connections. (shrink)

I argue that phenomenal externalism is preferable to phenomenal internalism on the basis of externalism's explanatory power with respect to qualitative character. I argue that external qualities, namely, external physical properties that are qualitative independent of consciousness, are necessary to explain qualitative character, and that phenomenal externalism is best understood as accepting external qualities while phenomenal internalism is best understood as rejecting them. I build support for the claim that external qualities are necessary to explain qualitative character on the basis (...) of a model of color perception as a certain sort of information filter by which perceivers gain access to external qualities. (shrink)

In this paper I argue that warrant for Lewis ' principle of recombination presupposes warrant for a combinatorial analysis of intrinsicality, which in turn presupposes warrant for the principle of recombination. This, I claim, leads to a vicious circularity: warrant for neither doctrine can get off the ground.

Crime is a serious social problem, but its causes are not exclusively social. There is growing consensus that explaining and preventing it requires interdisciplinary research efforts. Indeed, the landscape of contemporary criminology includes a variety of theoretical models that incorporate psychological, biological and sociological factors. These multi-disciplinary approaches, however, have yet to radically advance scientific understandings of crime and shed light on how to manage it. In this paper, using conceptual tools on offer in the philosophy of science in combination (...) with theoretical work represented in this special volume of Psychology, Crime and Law, I provide some perspective on why explanatory progress in criminology has remained elusive and evaluate some positive proposals for attaining it. -/- . (shrink)

Free Semantics is based on normalized natural deduction for the weak relevant logic DW and its near neighbours. This is motivated by the fact that in the determination of validity in truth-functional semantics, natural deduction is normally used. Due to normalization, the logic is decidable and hence the semantics can also be used to construct counter-models for invalid formulae. The logic DW is motivated as an entailment logic just weaker than the logic MC of meaning containment. DW is the logic (...) focussed upon, but the results extend to MC. The semantics is called 'free semantics' since it is disjunctively and existentially free in that no disjunctive or existential witnesses are produced, unlike in truth-functional semantics. Such 'witnesses' are only assumed in generality and are not necessarily actual. The paper sets up the free semantics in a truth-functional style and gives a natural deduction interpetation of the meta-logical connectives. We then set out a familiar tableau-style system, but based on natural deduction proof rather than truth-functional semantics. A proof of soundness and completeness is given for a reductio system, which is a transform of the tableau system. The reductio system has positive and negative rules in place of the elimination and introduction rules of Brady's normalized natural deduction system for DW. The elimination-introduction turning points become closures of threads of proof, which are at the points of contradiction for the reductio system. (shrink)

The fundamental principle of modern-day bioethics is that “the competent adult has the right to accept or refuse all medical care, including life-saving medical care,” a principle that has been upheld by the U.S. Supreme Court in Bouvia v. Superior Court ) and Cruzan v. Director, Missouri Department of Health ). If the adult lacks decision-making capacity, a surrogate can speak on his or her behalf. The adult may have chosen his or her surrogate through an advance directive; if not, (...) laws assign guardianship based on a hierarchy of relationships. Surrogates are expected.. (shrink)

Little is known about the shaping and development of Anne Conway’s thought in relation to her early modern contemporaries. In one part of her only surviving treatise, The Principles, Conway criticises “those doctors” who uphold a dualist theory of soul and body, a mechanist conception of body (as dead and inert), and the view that the soul is “intimate present” in the body. In this paper, I argue that here she targets Walter Charleton, a well-known defender of Epicurean atomism in (...) mid-seventeenth-century England. My intention is to highlight the sophistication of Conway’s theory of soul-body relations vis-a-vis that of Charleton. (shrink)

In this paper I argue against two prevailing views of Kant’s Religion. Against commentators such as Michalson and Quinn, who have argued that Kant’s project in Religion is riddled with inconsistencies and circularities, I show that a proper understanding of Kant’s views on grace reveals these do not exist. And contra commentators that attribute to Kant at best a minimalist conception of grace, I show that Kant’s view of it is remarkably robust. I argue that Kant works with three different (...) conceptions of grace. These are: a) grace and the God within, b) grace and the transformation of the fundamental orientation, and c) grace that can be laid hold of; the first and the last play a significant role in his philosophy of religion. (shrink)

We present an algebraic-style of semantics, which we call a content semantics, for quantified relevant logics based on the weak system BBQ. We show soundness and completeness for all quantificational logics extending BBQ and also treat reduced modelling for all systems containing BB d Q. The key idea of content semantics is that true entailments AB are represented under interpretation I as content containments, i.e. I(A)I(B) (or, the content of A contains that of B). This is opposed to the truth-functional (...) way which represents true entailments as truth-preservations over all set-ups (or worlds), i.e. (VaK) (if I(A, a) = T then I(B, a)= T). (shrink)

An important role of memory, both individual and collective, is to remind us of what we owe to the past. To understand this role, we need to conceive memory not merely in cognitive terms, but also as what Nietzsche called "memory of the will." It is this "conative" aspect of memory which explains the link between memory and identity. There still remain problems of how to explain how a collective memory "of the will" is transmitted over long periods of time, (...) and how to explain certain familiar pathologies. In the later parts of the paper, I look at Jan Assmann's important contributions to this question. (shrink)

InDemocracy in America, Tocqueville described the ideal wife of a democratic citizen as a capable domestic helpmeet who enables the citizen‐husband to endure the daily trials of political activity. Tocqueville's biographers have presented Tocqueville's own wife Mary Mottley as having approximated this ideal. Mottley's importance, it is claimed, lay in providing the domestic calm and psychological support that Tocqueville needed to think, act, and write as he did. My aim in this article is to challenge this interpretation by offering an (...) overdue reassessment of Mottley's life and work, uncovering the hidden labors she performed in Tocqueville's circle and giving scope, where possible, to her own political views and activities. Mottley, I argue, refused to confine herself to the domestic‐management and emotional‐support roles typical of a Tocquevillian citizen‐wife. Instead, she carved out a role for herself as Tocqueville's political and intellectual interlocutor. (shrink)

This paper explores the reception of Kant's understanding of consciousness by both Romantics and Idealists from 1785 to 1799, and traces its impact on the theory of religion. I first look at Kant's understanding of consciousness as developed in the first Critique, and then looks at how figures such as Fichte, Jacobi, Hölderlin, Novalis, and Schleiermacher received this theory of consciousness and its implications for their understanding of religion.

Recent scholarship has drawn attention to John Rawls’s concern with stability—a concern that, as Rawls himself notes, motivated Part III of A Theory of Justice and some of the more important changes of his political turn. For Rawls, the possibility of achieving ‘stability for the right reasons’ depends on citizens possessing sufficient moral motivation. I argue, however, that the moral psychology Rawls develops to show how such motivation would be cultivated and sustained does not cohere with his specific descriptions of (...) ‘pluralist ’ doctrines. Considering Rawls’s claims that ‘most’ citizens—both in contemporary liberal democracies and in the well-ordered society—possess such doctrines, this incompatibility threatens to undermine his stability arguments. Despite the enormous importance of pluralist doctrines and the potential difficulties they pose for Rawls’s project, remarkably little attention has been paid to them. By critically examining these difficulties, the article begins to address this oversight. (shrink)

Motivation and emotion are not clearly defined and differentiated in Rolls's The brain and emotion, reflecting a widespread problem in conceptualizing these phenomena. An adequate theory of emotion cannot be based upon reward and punishment alone. Basic mechanisms of arousal, agonistic, and prosocial motives-emotions exist in addition to reward-punishment systems.

This is the last of five chapters on good, and examines moral goodness. Ross explains the concept of morally good as either being a certain sort of character or being related in one of certain definite ways to a certain sort of character. The matter of what kinds of things are morally good is then addressed, and further advances made in defining moral goodness. These begin by considering Immanuel Kant's views on the desire to do duty, and go on (...) to consider conscientious—or virtuous—actions, scales of moral goodness, types of good desire, and bad actions. (shrink)

This paper focuses on the English philosopher Mary Astell’s marginalia in Lady Mary Wortley Montagu’s personal copy of the 1704 edition of Pierre Bayle’s Pensées diverses sur le comète (first published in 1682). I argue that Astell’s annotations provide good reasons for thinking that Bayle is biased toward atheism in this work. Recent scholars maintain that Bayle can be interpreted as an Academic Sceptic: as someone who honestly and impartially follows a dialectical method of argument in order to obtain the (...) goal of intellectual integrity. In her commentary, however, Astell suggests that: (i) if Bayle were honest and impartial in his inquiries, then he would not have pretended to attack popular superstition, only to undermine generally-held religious beliefs; and (ii) if Bayle valued intellectual integrity, then his argument for a society of virtuous atheists would not have relied upon a deceptive equivocation in terms. I conclude that the rediscovery of this marginalia is valuable for enhancing our appreciation of Astell as an astute reader of one of her most enigmatic contemporaries. (shrink)

Ladyman and Ross argue that analytic metaphysics is a misguided enterprise that should give way to a naturalized metaphysics that aims to reconcile everyday and special-scientific ontologies with fundamental physics as the authoritative source of knowledge on the general structure of the universe. Le Bihan and Barton (argue, as against this, that analytic metaphysics remains useful as a basis for the body of work in AI known as “applied ontology.” They stop short of claiming, however, that analytic metaphysics is (...) useful as metaphysics. I consider a basis for making the stronger claim: Smith's project for building what he claims to be metaphysical foundations for applied ontology (and for AI generally). Ultimately, the stronger claim is rejected; but in the course of this dialectic new aspects of the naturalistic metaphysical project come to light, including relationships between it and the traditional metaphysical project of providing foundations for philosophical semantics of truth and reference. (shrink)

This paper provides an analysis of Rudolph Otto's understanding of the structures of human consciousness making possible the appropriation of revelation. Already in his dissertation on Luther's understanding of the Holy Spirit, Otto was preoccupied with how the " outer " of revelation could be united to these inner structures. Later, in his groundbreaking Idea of the Holy, Otto would explore the category of the numinous, an element of religious experience tied to the irrational element of the holy. This paper (...) first provides a brief account of Otto's account of the holy, especially its numinous, irrational elements. Second, the paper analyzes Otto's understanding of the structures of consciousness grounding the experience of the numinous and allowing the irrational element to be " schematized " by the rational element. Otto's exposition of these structures is heavily influenced by his reception of Kant's analysis of the two stems of human cognition, namely understanding and sensibility, and their possible relation to a common root, which Otto identified with what the mystics called the ground of the soul. Yet it is in Otto's reception of Kant's Critique of Judgment that all of these ideas find their completion, and it is here where we must look to understand the relation between the religious a priori and Otto's category of the numinous. Kant's aesthetic idea is a singular representation given in intuition; it is infinitely saturated and as such intimates the ideas of God, the soul, and the world as a whole. I show how Otto appropriates Kant's aesthetic idea and its relation to ideas of reason in order to make sense of how an empirically given revelation, for instance, an experience of the numinous, can connect with the inner structures of consciousness and thereby have the singular import that it does. (shrink)